Property and Real Estate Disputes in Thailand

Property and Real Estate Disputes in Thailand. Real-estate conflicts in Thailand are frequent, fact-heavy and often multi-jurisdictional: title and boundary fights, double sales and forgery claims, condominium and developer disputes, landlord/tenant and construction disagreements, mortgage foreclosures, and inheritance squabbles top the list. The combination of a paper-based land registry (with several deed types), heavy regulatory overlay, and high commercial value makes early planning and precise remedies essential.

Legal architecture you must know

Two statutory pillars shape most disputes: the Land Code (the Land Code Promulgating Act) which governs title, registration and land rights; and the Civil and Commercial Code, which governs contracts, mortgages, obligations and remedies. The Department of Lands / local Land Offices are the gatekeepers of title records (chanote, Nor Sor 3, etc.) and their certified extracts are the authoritative starting point for any title or encumbrance analysis. Courts apply the statutes but also look to registered facts, surveys and provenance of documents.

Most common dispute types (and why they happen)

Title, double-sale and forgery claims. Disputes often begin when different parties assert ownership based on competing deeds or suspect documents. Because only certain registered deeds (especially a chanote / Nor Sor 4 Jor) give full marketable title, uncertified or lesser occupation certificates create uncertainty and litigation.
Boundary and encroachment fights. Fence moves, missing boundary posts (lak chet), roads and public-works encroachments produce neighbour disputes; discrepancies between the Land Office plan and the on-site reality are a frequent trigger.
Construction and developer disputes. Pre-sale condo issues, defects, delays and misleading marketing cause consumer and contract claims against developers — often involving regulatory complaints under the Condominium Act and consumer-protection channels.
Mortgage/foreclosure and priority challenges. Lenders and later creditors dispute priority and enforcement mechanics; mortgages must be registered to secure priority and enforcement normally runs through the courts.
Landlord/tenant and commercial lease disputes. Problems arise from defaults, unlawful terminations, security deposit fights and long-term lease formalities (registration over 3 years) that affect third-party rights.
Co-ownership, inheritance and family claims. Shared ownership and succession claims over land often surface years later when a relative or heir asserts an interest.

Remedies and practical routes to relief

Title search & immediate evidence gathering. A certified Land Office extract and cadastral plan are non-negotiable. Match the deed to on-site lak chet markers and commission a licensed surveyor if boundaries are at issue. These steps narrow issues and are routine pre-litigation requirements.
Interim injunctive relief. Thai courts can grant interlocutory injunctions and restraining orders to stop disposals, demolitions or to preserve evidence — commonly used where a party risks irreparable harm (e.g., bulldozing a contested building). Emergency relief may be available even when arbitration is the final forum.
Civil litigation (court process). Property actions are filed in the competent civil court (location of the property usually fixes jurisdiction). Expect pleadings supported by title documents, survey experts, and often a local hearing regime that includes attempts at mediation or conciliation before trial.
Arbitration (commercial and construction cases). For contractual disputes (construction, developer-buyer, joint-venture) arbitration is common — faster commercially and internationally enforceable — but remember emergency injunctions often require Thai court involvement while arbitration proceeds.
Criminal routes (forgery/fraud). Where documents are forged, criminal complaints to the police and public prosecutors are appropriate; criminal findings can strengthen civil claims and lead to rescission or damages.

Mortgage enforcement & sale of security

Thai mortgage enforcement is largely judicial: a mortgagee must give notice to the debtor and, on default, file for seizure and sale by public auction or seek foreclosure subject to statutory conditions. Priority is decided by order of registration at the Land Office, so early registration is crucial to secure enforcement rights.

Condominium-specific issues

Condominium disputes have their own statutory regime (Condominium Act B.E. 2522 and later amendments). Common claims include unlawful general-meeting resolutions, unpaid common-area fees, defects in common property, and improper marketing in pre-sales. The juristic person (the condominium management) plays a central role and buyers often combine statutory complaints, civil claims and consumer-board filings. Recent regulatory steps have tightened protections for buyers in pre-sale reservations.

Practical litigation strategy — what winning looks like

Early, decisive evidence capture: certified title, surveys, photos, bank traces and developer files.
Injunctions where assets may disappear: apply promptly to freeze transfers or stop demolition.
Parallel tracks: combine civil claims with regulatory complaints (Land Office, DOL, consumer protection) and criminal referrals when forgery or fraud is suspected.
Tailor dispute forum to remedy: arbitration for contractual money/technical claims; courts when title certainty, registration and interim relief are essential.

Preventive measures — reduce the chance of a costly fight

Do a Land Office certified title and encumbrance search, and commission a licensed survey before any purchase.
Use escrow for deposits and condition closing on delivery of a clean, registered title.
For large developments insist on clear statutory warranties, progress-certificates and independent certifiers for milestone payments (standard in construction escrow practice).
Avoid nominee ownership structures — they expose you to enforcement and criminal risk and are actively scrutinized by regulators.

Checklist for a party facing a dispute

Obtain certified Land Office extract and the original deed.
Commission a licensed survey and photographic record.
Preserve documents, bank records and email trails (for developer/contractor claims).
Apply for interim injunction if immediate loss is likely.
Consider criminal complaint if forgery or fraud is suspected.

Bottom line

Property disputes in Thailand are resolvable but evidence-intensive and often slow without proper early steps. Treat the Land Office extract and a licensed boundary survey as indispensable, use injunctions to protect urgent interests, and pick the dispute forum that matches the remedy you actually need (title quieting and registration → courts; technical, contractual claims → arbitration backed by court emergency relief). Combining practical forensics with a clear legal strategy is the most reliable way to turn a risky property conflict into a predictable outcome. Benoit Partners+1